Statutes | Kickapoo Tribe of Oklahoma Tribal Vulnerable Adult Protection Ordinance Chapter 4 ยง 401 | 2020
a. Upon the Tribe taking action to protect a Vulnerable Adult under Section 305 of this Code, the court shall within 48 hours of notice of the action hold a show cause hearing as to why the Tribe took such action. If:
1. The Vulnerable Adult consented to such services or placement at the time of the emergency action
2. The Vulnerable Adult consents to such action at the time of the show cause hearing or
3. There was probable cause to believe the Vulnerable Adult was at risk of immediate physical harm and the Vulnerable Adult was incapable of seeking assistance, the Court shall find the Department or law enforcement had good cause for providing Emergency Involuntary Protection or Placement.
b. If good cause and is not found and:
1. The Vulnerable Adult was removed under Section 305, the Vulnerable Adult shall be immediately returned to the place from which they were removed or at another appropriate location within the Kickapoo Tribe of Oklahoma of the Vulnerable Adults choosing.
2. If action was taken under Section 305 (a)(5)-(8) the person removed, excluded, or taken into custody shall have restrictions imposed under Section 305 (a) lifted.
c. If the Vulnerable Adult is capable, and has explained to him or her the right to a show cause hearing and knowingly waives that right, and no action was taken under Section 305 (a)(5) (8), no show cause hearing is necessary. However, special care shall be taken to guarantee that the right of the Vulnerable Adult to a show cause is protected.